1. Applications
To apply for a place on the Course (as defined below) either complete the relevant application form (“Application Form”) or apply online. Your application is an offer to Seaworks Training and Consulting (“SW”) to study on the course as set out in the Application Form (“the Course”) which is subject to SW’s acceptance. A binding contract between SW and you will only be formed when written confirmation of acceptance (which may be sent by email) is sent by SW to you.
2. Payment
You must pay to SW the fees set out in the Application Form. Payment of any invoice must be received by SW, in full and in cleared funds, by the due date set out on the invoice or seven days before the start date of the Course, whichever is sooner. Please note that non-payment of fees will result in the withholding of any Course materials due to be provided as part of the Course (“the Course Materials”) and SW may charge you interest on any overdue fees at the rate of 2% per annum above National Westminster Bank Plc’s base lending rate from time to time. You may pay by (i) a cheque made payable to Seaworks Training and Consulting ; (ii) Visa, MasterCard, Diners Club or American Express; or (iii) bank transfer. On booking, your credit card details will be required. No charge will be taken at this point, but if you fail to pay any invoice in full and on time, we will charge the card for any outstanding sums.
3. Taxes
It is the intent of the parties that SW will receive payment of your fees net of all applicable taxes, including without limitation, sales, VAT, service or withholding taxes (“Taxes”), all of which shall be paid solely by you. If and to the extent that any Taxes are levied upon, or found to be applicable to, the whole or any portion of the payment of your fees, the amount of such payment shall be increased by an amount necessary to compensate for the Taxes (including any amount necessary to “gross up” for Taxes levied on the increase itself).
4. Participant Cancellation Policy
You may cancel your place on the Course by giving notice in writing to the Course Administrator up to (and including) 7 days from the date SW confirms your acceptance to the Course in accordance with Condition 1 and you will not be liable for the payment of any fees and any fees already paid to SW for the Course will be refunded. If SW receives your notice of cancellation 8 days or more from the date SW has confirmed your acceptance to the Course you will still receive a refund of your fees already paid to SW, subject to payment by you to SW of a cancellation fee of £200 to cover administrative costs (which shall be payable immediately upon your cancellation), provided such notice of cancellation is received by SW before the first day of the Course. SW regrets that no refunds can be given for any cancellation notice it receives on or after the first day of the Course and, in such circumstances, the full fees remain payable by you to SW.
5. Course Cancellation and Re-scheduling
SW reserves the right to cancel or change the dates of the Course. SW may offer you the option of participating in any re-arranged comparable Course that SW chooses (in its sole discretion) to organise. If you choose not to participate in any re- arranged Course or if SW does not organise such a Course then you will (as your sole remedy) be entitled to receive either a credit note or a refund in respect of the fees received from you by SW. SW reserves the right to make non-material alterations and/or amendments to the Course as in its reasonable opinion it considers to be in the best interest of the Course (including, without limitation, any non-material alteration to the Course or the scope of the Course) without liability.
6. Intellectual Property
SW owns or is licensed all intellectual property rights in the Course and Course Materials. You acknowledge and agree that any Course Materials which are provided to you may only be used solely for your own private, non-commercial use. You may not reproduce, transmit, distribute, resell, sub-license, rent, lease, transfer or attempt to assign the rights in or commercially exploit or use the Course Materials, alter or create derivative works from the Course Materials or otherwise use or exploit the Course Materials other than as expressly permitted in this Condition 6.
7.Entire Agreement
You and SW (“the Parties”) acknowledge that these terms and conditions, together with your application form, constitute the entire agreement between the Parties “Agreement”) in relation to the Course and that neither Party relies upon any oral or written representation made to it by the other Party. No variation of this Agreement shall be effective unless made in writing signed by or on behalf of each of the Parties to this Agreement.
8. Governing Law and Jurisdiction
This Agreement will be governed by the laws of the England and disputes under or in connection with them shall be subject to the non-exclusive jurisdiction of the English courts.
9. Limitation of Liability
SW’s liability for losses you suffer as a result of SW breaching this Agreement or otherwise in connection with the Course is limited to those losses that are a foreseeable consequence of SW breaching this Agreement. Losses are foreseeable where they could be contemplated by you and SW at the time SW accept you onto the Course. To the extent that SW is liable for such losses, SW’s total liability will only extend to the fees paid by you to SW under the Agreement. In addition, SW shall not be responsible for any indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by SW. For the avoidance of doubt, nothing in this section 9 shall seek to limit or exclude SW’s liability for: (i) death or personal injury resulting from negligence or (ii) fraud or fraudulent misrepresentation; (iii) any breach of SW’s obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Services and Services Act 1982; (iv) any losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (v) any other matter for which it would be illegal or unlawful for SW to exclude or attempt to exclude its liability.
10. Severance
If any provision of this Agreement (or any part of any provision) is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement and the validity and enforceability of the other provisions of this Agreement shall not be affected.
11. Waiver
No failure by either Party in exercising any right, power or remedy shall operate as a waiver of the same.
12. Force Majeure
SW shall not be deemed to be in breach of this Agreement or otherwise be liable to you as a result of any delay or failure to perform its obligations if and to the extent that such delay or failure is caused by a force majeure event (this means any event arising that is beyond the reasonable control of SW, including but not limited to, any industrial dispute, health scares or epidemics, tutor, consultant or participant cancellation or withdrawal, venue damage or cancellation, governmental regulations or action, fire, flood, disaster, civil riot, acts of terrorism or war). If the period of delay or non-performance continues for 3 months, either party may terminate this Agreement by giving 14 days’ written notice to the other party and any fees already paid to SW for the Course will be refunded.
13. Data Protection and Call
Monitoring Personal data supplied is subject to the Data Protection Act 1998. The personal information shown on the application form, and/or provided by you, will be held on a database. Occasionally your details may be obtained from, or made available to, carefully selected external companies for marketing purposes only after you have been asked ( according to SW Privacy Policy. Incorrect Mailing If you are receiving multiple mailings or you would like us to change any details or remove your name from our database, please contact the Administration at: support@seaworks.uk.com quoting the reference number printed on the mailing label